Building ordinance: the section 41(3) exemption

Abstract

The exemption from building controls for construction work inside a building which does not involve the structure of a building or any breach of building regulations is of relevance not just to the immediate question of whether particular work at a property requires permission from the Building Authority but also to the consequential question of whether the work may render title to the property bad. The exemption has recently been considered by both the Court of Appeal and the Court of Final Appeal. This article analyses those decisions and the extent to which they clarify the meaning and scope of the exemption and concludes that, whilst the Court of Final Appeal's decision is helpful, it by no means resolves all difficulties.